North Shore Lawyer


Lawyers And Some Key Areas They Can Help

When you have any sort of legal problem, your lawyer will be a breath of fresh air. This is why some of the most successful people in the world have a team of lawyers on retainer, or they at least know to pick up the phone to get in touch with them the moment a situation arises. There are a lot of key areas in which a lawyer becomes important. You should read some of this information to get an idea of how a North Shore lawyer team will help you.

Even if you are a typically law-abiding citizen, you never know when trouble can be around the corner. For instance, you may have never broken a law in your life, but might get stopped at an alcohol checkpoint after having one beer. If you had a beer recently, it might create a false positive for the breathalyzer test, leaving you with a charge drinking and driving charge. In that case, the best thing that you will need is a North Shore lawyer who will be able to come to your aid at once.

By having a lawyer on your team are ready, they will typically be willing to wake up in the middle of the night to come to the jail and make sure that you are not being intimidated or forced to make any sort of confession. It is important that you not say anything without a lawyer present, but this was down to you having a lawyer on your side you are able to trust. This is one area of many that a lawyer would come in handy. The last thing you want is to have a criminal record due to some bogus charges, but sometimes innocent people get convicted when they do not have the right legal representation.

If you frequently handle money, business contracts or real estate transactions, you will definitely need a lawyer on your team. The laws in these areas change much and are so detailed that you will need someone who can interpret these contracts for you and make sure that you are always keeping tabs on the right points. Having a good lawyer on your side will also prevent you from being taken advantage of business dealings, since your lawyer will be able to watch and make sure that everything is above board. This is a situation when it pays to have a lawyer on retainer, because they will be able to handle a number of different contracts for you whenever you need them. This allows you to take a problem-solving approach with your business dealings, to make sure that you are in good hands and able to masterfully navigate the business atmosphere in front of you.

North Shore business lawyerWith this said, it is important to hire lawyers with specific areas of interest in certain cases. For instance, you would never hire a general practice lawyer to handle your divorce case. Divorces can get so nasty and they require the help of someone who specifically practices family law and divorce cases. This is especially important if you have children in the marriage and need to be sure that you are defending your right as a parent. Despite the clear divorce and child care laws in NZ, people still need the help of a lawyer to make sure the other side is not trying to take advantage of them.

There are many more examples of when a lawyer can help you especially in the business environment. All of these things come into play as you navigate the legal landscape and look to make the most of the various situations you find yourself in through life. As you can see, it is critically important to become familiar with lawyers and how they can help.

One North Shore lawyer that has plenty of knowledge and experience across the spectrum of legal matters is McVeagh Fleming based in Albany. They have a team of specialist lawyers who have successful case histories in many varied legal issues. Click here for more information.

Dispute Lawyer in Auckland


Breach Of Turnover Warranty and Other Things You Need To Know When Buying A Business

John Burley

John Burley

Acquiring a new business is quite exciting to entrepreneurs. However, when you are buying a pre-existing business, the rules change a little bit, and you have to be even more careful than when you are setting up the business for yourself. Here are a few tips that will guide you to avoid the common pitfalls that many people face.

Knowing Exactly What You Are Buying

Well, it is obvious that if you are interested in investing in a restaurant, you will approach people that are selling already established restaurants. However, seeing the building and the workers and customer does not mean that you understand exactly what you are purchasing. You need to take time and have the business assets assessed by a professional. This will help you figure out whether the business is profitable or not. In addition, it will help you avoid the mistakes of paying more than what the business is actually worth. Make sure that besides the assets, the intellectual property and systems that support the business are legal and successful.

The Importance Of Due Diligence

You as the buyer need to learn that the seller will be presenting the prettiest face of the business because they are marketing it. As wrong as it sounds, it is your job as the buyer to dig up the dirt. There are a few steps you can take to learn the business in a deeper manner.

  • Contact the suppliers to the business, take time and ask them what they think about the business in general. Ask them whether they foresee a bright future for the establishment. Listen to what they have to say about the profitability of the business and whether it is a good idea to invest in it.
  • Legal diligence: every year, lots of people find themselves in complicated legal situations when they acquire businesses that have not been operating in full compliance with the laws of the New Zealand. Make sure that the business assets are really owned by the people selling the business. Also, ensure that the owners comply with tax laws and other legal business requirements.

Breach Of Turnover Warranty

So, let us imagine that you have spotted a great business you would like to buy, you have done your due diligence, and you have approached the owners. Fortunately, they were also looking for a buyer, and they engage you in the sale process.

One of the first steps is to arrange for a turnover warranty. This document confirms that the sales or turnover figures in the sale agreement are accurate. The turnover warranty should stipulate whether GST is included or not. You can then ask your accountant to look through the books and verify the turnover figures are accurate. However, you may find after the fact, that the turnover was not as claimed. Perhaps there was a significant one-off transaction which inflated the figures. The seller might be in breach of the warranty and signed contract, so what do you do?

The best step is to talk to your lawyer. For Auckland lawyers, dealing with disputes is one of the main areas of work including breach of turnover warranty or falsifying sales figures. A good dispute lawyer will have worked on similar cases and will be able to advise you on your options. Each case will be different so you cannot simply assume that you have a good case.

If you have purchased for which you feel there was a breach of turnover warranty, a well-respected dispute lawyer in Auckland is McVeagh Fleming. They have offices in the CBD and also in Albany. You can get more information about them from their website

Property listing for Ellerslie


Reasons Why You Need A Real Estate Agent When Looking For Property in Ellerslie


If you are in the market for a new home or property, then the question you may be asking yourself is if you need an Mt Wellingtonagent or not. There are many ways that you can find your own property, especially through online sources or even in the newspapers. However, even though you can look for properties on your own without the help of an agent, having one is simply invaluable and highly recommended. In this article, we will be getting into the details of why you should consider hiring a real estate agent as oppose to going it alone when looking for Ellerslie property.


If you engage a real estate agent you must make sure they are licensed Real Estate Agents who have passed the exams of the New Zealand Real Estate Institute exams. They will have a License number so make sure they show this to you so that you know they are a  bona fide real estate agent and not someone out to make a quick buck.


The first reason is that real estate agents are experts in finding, buying and selling real estate. If you are a newbie and are looking for a property in certain areas, then you are guaranteed special expertise when hiring an agent. These agents have special knowledge that most people will not have about the area. For example, despite people thinking they or believing they know how much their home is worth, they are usually wrong but a good real estate agent  would know the typical market prices of homes since they will have already seen the interior of many of the properties in that area. This will help to save you time and energy as they will be able to tell you right away what you can expect as well as whether you can afford a property there or not.


Another reason why you should hire a real estate agent is that they have much easier access to homes. Most sellers will easily and quickly give access to their homes to real estate agents, however, they are much less likely to do the same for an unlicensed stranger. As a result, as an individual, you will find it very challenging to actually see the interior of many examples of Ellerslie property which can heavily impede your property search. A real estate agent will ensure you see every property that you’re interested in and will work out all the details with the seller.


Thirdly, a real estate agent will act as your advocate and help to negotiate terms as well as the price if you are interested in a particular property. Buying a home is the largest purchase that most people will make in a lifetime, and as a result, it can be a very emotional and confusing process. However, with decent Ellerslie real estate agents, they will be able to take a balanced and impartial look at your situation and help you to easily navigate the purchase while ensuring that your best interests are served and you get the best deal possible.


In closing, when it comes to buying a new home or Ellerslie property, it can be daunting for a first time buyer. Even if you have done it a couple of times, the process can be quite stressful without an experienced real estate agent to guide you through. However, once you do hire an agent, I am positive that you will have a much easier time finding the property of your dreams while maintaining your budget and keeping your stress levels low.


For more information about real estate in the Ellerslie area, try contacting Mark Tung on

Importance Of Lawyer When Buying A Business


If You Are Buying A Business, You Need A Lawyer

North Shore lawyer for buying a businessIf you are new to the business world, there is a number of things you might not think about. After all, part of being new is feeling things out and trying to figure out how best to accomplish things. How do you deal with the various bank accounts, how do you deal with one type of investment over another, these are all things that need to be learned if you’re going to make it in the business world. But more importantly, are the legal issues involved in buying a business. These are probably more extensive than you image. Plus, when you buy a business, you are committed to a variety of tasks and obligations. So before you sign any documents, talk to a lawyer for buying a business on the North Shore who will be able to advise you.

One of the primary things you will need in the business world is a lawyer. And more specifically, when to involve your lawyer and when you can deal with things on your own. It is tempting for someone just starting out to try doing everything on their own, justifying the decision by telling themselves that they are going to have to learn or that they want to save costs. With some things, that is perfectly fine. Some things are things you can easily figure out on your own. But there are other things that you should absolutely call your lawyer to discuss.

One of those things is whenever you buy a business. There are some times when you buy a business when you might think you do not need a lawyer. There are some business sales that seem simple and straight forward. All you have to do is sign on the dotted line, and you have a contract. But the real truth is that even the most simple of business sales requires a lawyer to look over things.

Why would you need a lawyer no matter what? Because contracts can be needlessly messy. The sale of a business does not just involve a simple acquisition of a business. It is an acquisition of property, of accounts, staff, customers, leases, and a number of other things that are all wrapped up in one entity. That means there are a number of things you may not think about when looking over the contract. It also means that the contract needs to cover every single aspect of the business’ assets. You may think that the transfer is simple and straight forward, but the simple truth is that there are no simple, straight forward business sales.

When you have a lawyer for buying a business on the North Shore to look over the contract, they will be able to ensure that the documents actually cover everything that you will be obligated to. They will be able to take a look at the various business assets, and then check off the contract what is and is not covered. They will also make sure that the transfer of the various assets are perfectly above the board and verify that the seller is the legal owner of those assets. It is surprisingly common that someone will try to sell an asset that they do not legally own.

At the end of the day, it may seem tempting to deal with a business purchase on your own. Lawyers can be expensive, especially lawyers that specialise in business law. But if you are buying a business, you absolutely need the best Albany commercial lawyers. And you will want to make sure that the lawyer will look over every single aspect of the contract.

The biggest law firm on the North Shore is McVeagh Fleming & Co so if you are looking for a lawyer for buying a business on the North Shore visit their website more information about them.

Importance Of Lawyer When Selling A Business


Importance Of Lawyer When Selling A Business

North Shore commercial lawyer

Steve Graham

Thinking about selling your business? It can be an arduous task at the best of times finding a quality seller and making sure they have the funds necessary to complete the transaction. Most people struggle with this part of the process and then the added legalities of the process can make it quite frustrating. This is where finding a quality lawyer is going to make it far easier on you as the business owner. Let’s take a glance at four of the key benefits associated with using the best Albany commercial lawyers when selling your business on the North Shore.

Knowledge Of Such Transactions

There is nothing worse than getting stuck in a situation where you don’t have knowledge of how the transaction is going to go through. This does not have to do with the business side of things, but the legal side of the matter at hand.

You need to be sure of how the legalities of the process are going to unfold and only a lawyer from the local area is going to be able to provide guidance along the way. This is why having a lawyer is essential.

Maximise Value Of Deal

The value of the deal is not always going to be as perfect as you would like for it to be. A quality lawyer is going to make sure you are getting maximum value for the transaction that is being put in place.

How is this going to be done? It is not always done at the negotiating table with regards to the value, but what is written in the contracts that are penned afterwards. A good quality commercial lawyer is going to be able to make sure you don’t get caught out in a poor situation with no solution in sight.

Show Patience

The lawyer, a firm like McVeagh Fleming and Co for example, is going to have years of experience with similar deals to draw on. They are not going to fold under pressure when they know there is a better deal to be had. This is going to rub off on you as well because their patience is going to enable you to not become desperate along the way. They are going to be able to pinpoint advantages that are in your court with regards to the deal.

Those who know about these advantages are going to have a much better time getting the right deal.

Show Support

With a lawyer on your side, you are going to have the kind of support that is needed during this period. Selling a business is not going to be as smooth as you want it to be regardless of what you are expecting. There are going to be bumps along the way, but when you have a proven lawyer by your side, it becomes that much easier to get the deal done as needed. Those who don’t pay attention to this are the ones who make wrong deals.

These are some of the most essential benefits, which come along with a good quality lawyer for selling a business on the North Shore who knows what he or she is doing and has been a part of other transactions in the past. It is the language of the deal where a lot of people get burned and that is not a good position to be in. For those who want to be sure of the deal that is being made, it is critical to sit down and have the type of legal representation needed that is going to make the business move ahead in the right direction. The best Albany commercial lawyers are going to be able to guide you from start to finish.

After Hours Plumber North Shore


Is It Possible To Get Plumbing Done In The Evening?

Mister GC

Mister GC

Extremely busy people tend to ignore small domestic issues until they become bigger and urgent issues. When this happens, they need various emergency services that in the end cost more to get their problems sorted out than if they had been attended to earlier – a stitch in time saves nine. Plumbing is one such domestic issue which falls into this category. So wouldn’t it be great if you could have an after-hours plumber for the North Shore?

The typical approach to plumbing in North Shore homes

Typically homeowners put off taking time off work to have plumbing jobs carried out. This might be a service to the hot water system, attending to the heating system or fixing a dripping tap. The downside of this kind of approach is that you may suffer additional damage. For instance, a leaking pipe can cause a lot of damage to carpets, floors and furniture items. Stale water is very dangerous, as it makes an excellent environment for the development of mould. Once you’ve got mould in your house, it’s going to be very hard to get rid of it. You may need to replace your flooring completely and to repaint your walls. Besides, you and your family may get sick because of breathing in mould spores. In such situations, it’s hard to believe you are going to wait until your entire house is going to be a nest for moulds and mildew.

However, there might be situations in which minor leaks go down the drain without affecting your belongings. These are the ones people are most prone to ignore, as they cause no obvious damage to their property. Nonetheless, such a leak may contribute to the increase of your water bills. You can’t imagine how much water can get wasted by simply not fixing all minor issues as soon as you notice them. Besides, the sooner you have the pipes repaired, the less money it’s going to cost you. If any damage gets bigger, you may need to replace an entire pipe segment, thus needing significantly more additional costs for both materials and work.

A lack of North Shore plumbers at night

It may look like these people who ignore their plumbing problems don’t care about their money or about their home. Actually, most of the time, it is only a matter of being too busy. When you are on a crazy schedule, it’s very hard to find time for staying home to wait for the plumbers. You’d love them to come at night, but most companies offer their services within the regular work hours. Everything else is considered an emergency and treated as such with massive call-out charges.

The solution – after-hours plumber for the North Shore

You can tackle this problem in a more effective manner. There are a few plumbing companies who offer an after-hours plumbing service so you can get your plumbing done in the evening without having to pay an extra fee. All you need to do is find an after-hours plumber for the North Shore, a plumber such as Heron Plumbing. As they may not advertise such services, you are going to need to call them and ask specifically to get your work done after you come home from your job.

A sure-fire way to benefit from plumbing services in the evening or during weekends is to find a professional who has two jobs, plumbing being his second one. There are people who need extra money for their living, so they take a second job or do some activity after their 9 to 5 work schedule. These plumbers are going to be happy to come to you when almost nobody else would, as it would suit their needs as well. However, they are not going to be qualified Master Plumbers like Heron.

The next time you notice a plumbing problem in your home, think about the consequences of ignoring it and take immediate action. No matter how busy you may be, you can get a plumber to get you out of the trouble at an hour which is convenient for you, so you can avoid more serious damage without having to take a day off from your work. Now that you know this is possible, to get an after-hours plumber for the North Shore, you have no excuse for not doing it.

Engagement Rings NZ


Why A Jeweller’s Advice Is Important When Picking An Engagement Ring

Picking an engagement ring is quiet a difficult process for any man. It is filled with conflicting emotions and not an ideal context for him. To start with, the process is filled with so much anxiety and excitement so therefore, in spite of the sky high expectations and happiness that comes with it, picking the ring is what could be the most difficult of them all. Here are some insights for men in NZ, engagement ring shopping.

There are several things you should do before walking into a jewellery store but once there, do not underestimate just how much a jeweller’s advice may mean to you. Find a friendly jeweller and you will find this challenging experience more than smooth. Here are some things you should have done before visiting a jewellery store:

– Be very keen every time she is speaking about jewellery. Observe what she wears regularly so that you can know what her style is. Is she a vintage chic? Does she like shiny metals? Is she gold or silver? Be very observant and take notes as this is the first guide to picking the right ring.

– The next thing you should do is consult her friends. Girls go out for shopping with girls and therefore it is highly likely that her friends know what she loves so would be in a better position to guide you. She could have even mentioned to her friends what her dream ring and proposal would look like.

– Consult your friends who have done this before. You should find out how your friends went about picking an engagement ring. They could actually suggest to you a number of jewellery stores where they bought theirs and even where you are likely to find what you have in mind.

When you already have in mind how the ring will look, the next thing you do should be to walk in to a jewellery store.

Traditionally people would buy diamonds for engagement rings but nowadays people go for different rocks from sapphires to emeralds to rubies, and many more exotic options that some women prefer. If you go online to specialist NZ jewellery websites like, you will be able to get a variety of luxury brands that have specialised in the different varieties of rings available. Marco Bicego, Hulchi Belluni and bespoke custom designed engagement rings too. There are some fabulous engagement rings there.

As long as you have the technical details you need, let the jeweller guide you through. For many first-time buyers, all diamonds look the same and you might quickly settle for what you see first because of the excitement of seeing the shine and glamour in diamonds. What you should know however is that all diamonds are not the same and in fact the price you get first is not necessarily the best.

Here are some reasons why you may need the advice of a jeweller:

Metal type – Depending on the metal you think would best suit your partner whether it is yellow gold, silver, platinum or whichever metal, the prices for each would vary. Your jeweller will guide you through the prices and give you reasons why each metal costs whatever price that is placed on it. By now, you will have decided on your budget. There are engagement rings for any price from a thousand dollar rings to million dollar rings.

The next thing that your jeweller should help you through is the type of rock. Based on your partners taste. This is the most important part of the ring. Here is where the glamour and beauty of it lies. Find something that your partner would totally love. If you can give your jeweller the description, they would be able to help you pick one especially since you might not be able to identify what the rock is if you haven’t bought them before.

Rose gold engagement ring Auckland

Rose gold engagement ring Auckland

If you want something totally unique, your jeweller can help you design a bespoke NZ engagement ring it since they have been in the business for quite some time and unlike you they know what rings are unique and would stand out. If your partner loves having things unique to only them then you need a jeweller more than ever. Forget the advice from friends, what you need here is an experienced jeweller.

Your choice of ring will tell so much about you so be very careful when going about it. Your partner will really feel valued if you picked a beautiful ring that they can forever after look at and feel precious as the first time you gave it to them. Remember a proposal is something you only do once so do not be afraid to put your all in it when choosing an NZ engagement ring.

For more advice contact Sarah at Orsini’s Jewellery.

Remuera Villa Renovation


Remuera villa renovation

Important Questions To Answer Before You Renovate Your Remuera Villa

A comprehensive villa renovation is easily the most ambitious do-it-yourself task available to most homeowners. Despite the expense and effort required to do the job properly, plenty of people consider a full renovation job to be a tremendous opportunity. Transforming every aspect of your living space has a certain appeal, doesn’t it? If you want to make your project run smoothly and improve the overall quality of your results, it’s vital that you invest plenty of thought in the planning process. Are you going to renovate every part of your home? Do you want to add more square footage with an expansion? How much professional assistance are you going to need? All of these questions and many more need to be answered before you start buying materials and swinging a hammer! Here are a few of the most important issues to consider:

Does Every Room Need Your Attention?

On the professional side of the construction industry, no contractor would start a project without having a detailed scope of work in hand. By considering your renovation job from a broad perspective you can gain a better understanding of just how ambitious your goals are. It’s very easy to get carried away with renovation plans when they’re all still theoretical, but you need to consider the real work and time involved in each change you intend to make.

You can get started by listing every room in your home. Once your list is complete, you can start noting down your renovation intentions for each one. This not only reveals the true extent of the work you want to do; it also gives you a useful breakdown of smaller jobs that may be easily handled independently.

The other valuable service that this room-by-room listing provides is giving you a starting point for estimating your overall costs. You can assign your own numbers to each room’s activities based on your research, but your list will also be a useful estimating tool for any contractors you bring into your project.

Are You Going To Expand?

As ambitious as a full Remuera villa renovation is, adding an extension to your villa is a guaranteed way to make your project even more complex. Adding new external structure to your home is extremely expensive, and additions have to be planned with care so that they enhance rather than detract from the layout of your existing rooms. Finally, building an extension will involve greater interaction with the local building authorities. Permits and inspections are required for extensions in virtually every community, and this regulatory oversight adds both time and cost to your villa renovation project.

Are Your Financial Resources Adequate?

Once you’ve developed a fairly firm cost estimate, you might think that the question “do you have the money to do this” would call for a straightforward yes or no answer. That’s not the case! You’ll need a healthy cash reserve to handle unexpected expenses that might come up in the course of the work. It’s also not possible to pin down the precise cost of your villa renovations until after all the work is finished; you’ll need to have extra money available to cover any overruns.

There’s no better way to end up regretting your renovation project in the middle of the job than diving in without preparing for it thoroughly first. Answering the sort of questions provided here is a great way to kick off the planning process and keep your expectation realistic. Good planning won’t guarantee you a hassle-free renovation experience, but it can definitely cut down on nasty surprises during the challenging work ahead!

If, after all this consideration, you think the project is going to take too much time, which it probably will, and cost too much, again it is very likely, then you might want to consider hiring a Remuera villa renovation company. Repair & Restore Ltd has worked on numerous villa renovations projects and would be happy to talk with you about your ideas. Contact them here or 021 285 1445.

Real Estate Agent in Ellerslie



Choosing The Right House To Buy

One of the biggest investments one can make is buying a home. It is for this reason you should be careful while making that investment decision. Whether you want to invest for the short-term or want a long-term family home, it is essential to ensure the whole transaction is safe and secure. You should never base your investment on personal preference, but rather on something solid and real value for your money. Discussed below are a few tips to help you with planning your purchase.

No matter how much you get as a home loan, you do not necessarily have to spend it all on the purchase of a house. It would be better to go decide what level of monthly expense you are comfortable with, and not based on the amount of money you have. Although lenders give home loans based on one’s financial standing, it is your responsibility to ensure you can make the monthly repayments. If you do not, you will ultimately lose your house so be certain that you will be able to service the mortgage debt.

You should be able to handle expenses that come with buying a house. This includes not only the mortgage payment but also energy and water bills among many other utility bills that come with the running of the property. Some of the costs you should be concerned about include local rates, maintenance costs, insurance costs for both the building and income protection plus fees associated with the initial purchase.

Before sealing the deal with a real estate agent in Ellerslie, consider talking to neighbours and property owners nearby. They should give you an insight of how the neighbourhood is, and what to expect from the same. Real estate agents and property owners may mislead you into believing that the area is safe while it’s not. Get first-hand info about the same from people living in the neighbourhood first before sealing the deal.

It would also be advisable to look for a reputable Ellerslie real estate agent to buy a house from. He or she needs to be trustworthy and willing to help you find what you want in a house without pushing you into buying what he or she has on their listings. The agent should advise you about any major issues relating to the property such as any drug-related crimes in the building before you buy the home.

Minor cosmetic issues and décor push many people away from an otherwise dream house. It is therefore advisable to inspect the house carefully before pushing it aside. Most homes could be improved through minor changes such as re-carpeting, repainting or upgrading the roof. Home renovations have always proven to give a major uplift in houses that seemed otherwise old.

It would be wise to ensure your credit report is clean before you can start shopping for a new house. A clean credit report means you have higher chances of having a home loan application approved. The earlier you review the report, the better. It is also a good idea to get pre-approval from the mortgage company before you start looking so you know how much money you have to play with.

Buying a home is always a wise idea especially if you do your homework on the property. Some houses may seem unpromising, but simple renovations can make it a dream home. All you need is a vision and some simple DIY work or someone who understands the industry well.

As long as you are determined to find and buy your dream house, you will get one. All you need is the financing and to find a real estate agent who can help you.

Auckland Lawyer for Breach Of Contract


All About Breach Of Contract

Andrew Knight

Andrew Knight

If only all businesses carried out the obligations they agree to. If you are waiting for payment, or had a delivery of sub-standard materials, then you know the problem. And even though they signed an agreement, all too often companies breach contracts they have agreed to. This is frustrating, time-consuming and can sometimes even lead to the demise of your business. This article looks at some of the issues involved with breach of contract and what you can do about it.

Delays of the terms agreed upon on the contract, financial problems which may make it impossible to satisfy all terms agreed upon in the contract and unavoidable circumstances will time to time hinder you from following satisfying the requirements of the contract. When this happens, then in the legal world, that is known as a breach of contract.

A contract is an agreement between two parties. It lays down ways in which certain obligations should be fulfilled and ideally should also spell out the consequences if the obligations are not followed to the end. A breach of contract may happen when a given party fails to perform the obligation given to it within the time limit stated within the agreement, if a party performs way below the level stated on the agreement or fails to perform any obligation at all. The legal system categorises a breach of contract into two categories, either as material or immaterial also known as a minor. This is meant to make it easy to determine which form of legal action should be taken in order to find a solution to the breach of contract.

To show the difference of the two categories of breach of contract, let us take two examples. Assume two companies Smith & Company and Acme Suppliers enter into a contract. Smith & Co purchases some of Acme Suppliers to delivered be by the following Monday evening. In case Acme delivers the goods to Smith & Co the following Tuesday morning, there will be a breach of contract. Smith & Co would most likely not be entitled to money damages unless they can show that the late delivery caused some losses or disrupted a production run for example. This breach would be deemed as immaterial and it consequences are not severe.

If the contract, however, stressed the time for the delivery and stated that time would be of great importance, spelling out that it MUST be on Monday, then if the products are delivered after Monday, Smith & Co damages would be presumed and the liability of Acme would be more severe. Smith & Co could be relieved the duty to pay for the goods as agreed on the contract. The consequences will be categorised under material breach of contract.

The breach of contract case does not necessarily have to go to court and this is only the last resort in case these other avenues fail. There are four other ways of resolving out of court.

After a breach of contract happens one or both of the parties may look for ways to ensure that the terms of the contract are enforced or any financial damages caused by the breach are compensated.

The second option is to contact your dispute resolution lawyer to have them seek damages from the other party. If the parties cannot resolve this case on their own, they may decide to call in a mediator to review the contract dispute. Finally, they may agree to have a binding arbitration of a contract dispute.

If these out of court methods fail, you will have to file for proceedings for civil litigation in court. This is one of the most used methods when there is always a breach of contract. In case the amount of damages sought is below a certain level of money, then the parties are given the chance to use a small claims court to resolve their case. For larger figures, then the case would go to the District Court.

If you believe you have suffered a breach of contract, McVeagh Fleming is a well-known dispute resolution lawyer in Auckland. You can find more details on their website at